The evidence of an approver must be reliable, and the recovery of material objects must be genuine for a conviction to be entered.

BALAKRISHNA MENON, J.

This appeal is by the State against the acquittal of accused 1 to 3 in Sessions Case No. 61 of 1979 on the file of the Court of Session, Quilon, the accused were charged under Sections 120B, 302 and 392 read with S. 34, I.P.C. for having committed the murder of one Titus Jacob alias Babu (hereinafter referred to as Babu) on 6-3-1979 at about 6.45 p.m. at a place called Anavattakongal in Idamon Village, Quilon District.

2. The accused pleaded not guilty to the charges framed against them. The prosecution relied on the evidence of an approver P.W. 1, the circumstantial evidence and the alleged recovery under Section 27 of the Indian Evidence Act of material objects said to have been used in connection with the crime.

3. The lower court rejected the evidence of P.W. 1 as totally unreliable and disbelieved the evidence of witnesses examined to make out circumstantial evidence to connect the accused with the crime. The recovery of material objects relied on by the prosecution was found to be brought about by the investigating officer and was not a true and genuine recovery. On these findings, the lower court held that the prosecution has failed to prove that the accused committed the crime and they were accordingly acquitted of the charges framed against them.

4. P.W. 1 is the only eye witness to the incident examined as an approver on tender of pardon by the Chief Judicial Magistrate. Quilon as per his order dated 2-5-1979, under Section 306 Crl.P.C. He speaks about the chain of events culminating in the death of Babu. The first accused aged about 18 years belongs to Anavettakongal in Idamon village. He is a student in the Pre-Degree Class and was earlier a student of the Govt. High School, Punalure. The second accused aged 18 years and P.W. 1 aged 19 years are students in the 10th standard of the said High School. The third accused also aged 18 years was a student of the 10th standard in the said High School, but at the time of the incident was employed as a Railway coolie. These four youngsters are friends who used to assemble in the playground of the Punalur High School, and discuss plans to make easy money. Two months prior to the incident, they had plotted the murder of a lady who used to take tiffin to her husband employed as a tapper in a rubber plantation, and rob her ornaments. That plan failed as P.W. 1 backed out of the venture. They made a plan on 4-3-1979 to murder Babu engaged in business as the foreman of a series of chitties making daily collections from subscribers. The plan was finalised on 5-3-1979. Accused 1 and 2 and P.W. 1 were to assemble at the college-grounds at 8 a.m. on 6-3-1979 and to proceed by bus to the place of incident, where the third accused was to join them in the evening. P.W. 1 came to the college-ground at 10 a.m. instead of at 8 a.m. He met accused 1 and 2 there. P.W. 1 was directed to bring a spare shirt from his house. The first accused went to the shop of P.W. 26 and came back after purchasing a nylon rope. P.W. 1 also came back with a spare shirt. Thereafter accused, 1, 2 and P.W. 1 walked up to Placherry and boarded a bus going to Shencottah. They got down at a place called Idamon '34' and proceeded by foot to Anavettakongal near the first Railway tunnel close to Thenmala Railway Station. The scene of occurrence is said to be on a road running across a eucalyptus plantation close to the Railway line. At about 2.30 p.m. they purchased cigarettes, plantains and a comb form the pan shop of P.W. 4 and came close to the Kallada canal where they saw some people at work in connection with the irrigation scheme. P.W. 5 a girl aged about 14 years belonging to that place and working in the Kallada Canal saw the first accused and recognised him. They proceeded further and reached the place where there is a coolie-gang-shed. On their way they crossed the court-yard of P.W. 6 Ammini at about 3 p.m. P.W. 6 questioned them about their purpose upon which they replied t